Would corporations exist without a state to grant them a charter? Do you think private courts would recognize the "legal person-hood" these businesses currently claim?
Jackson LaRose: Would corporations exist without a state to grant them a charter? Do you think private courts would recognize the "legal person-hood" these businesses currently claim?
I think strict, personal liability would obtain in a private law society - groups of individuals acting together as a corporate entity would simply fall under "conspiracy" for tort purposes. There would certainly be large businesses, probably organized largely along the lines of modern corporations, including issuing of stock.
Clayton -
Any business transaction requires two parties. The court would recognize whatever terms were mutually agreed upon in the contract.
ClaytonB:groups of individuals acting together as a corporate entity would simply fall under "conspiracy" for tort purposes. There would certainly be large businesses, probably organized largely along the lines of modern corporations, including issuing of stock.
Would non-decision making stockholders be held liable for the business' actions?
DD5:Any business transaction requires two parties. The court would recognize whatever terms were mutually agreed upon in the contract.
How far do you carry this though? If I buy some Campbell's soup, am I implicitly legitimizing the corporate entity?
Jackson LaRose:Would non-decision making stockholders be held liable for the business' actions?
are these 'business actions' separated from the actions of real embodied human beings ('human action's)... i.e. the people who are in fact liable?
Where there is no property there is no justice; a proposition as certain as any demonstration in Euclid
Fools! not to see that what they madly desire would be a calamity to them as no hands but their own could bring
nirgrahamUK:are these 'business actions' separated from the actions of real embodied human beings ('human action's)... i.e. the people who are in fact liable?
I'm trying to understand who would be considered liable. Just the CEO? The whole board of directors? The employees? The stockholders? The customers?
there must be a crime, there must be a victim, a case needs to be made that a particular person is guilty of the crime against the victim. you seem to be trying to determine liability 'concretely' but simultaneously in the 'abstract'. a bizarre prospect. what do you think the CEO did? what did the whole board of directors do? what did the employee do? what did the stockholders do? what did the customer do?
nirgrahamUK:a case needs to be made that a particular person is guilty of the crime against the victim
If it was a conspiracy of many, would they all be considered liable? Take the current Toyota situation for example, sans the "corporate personhood". Who would be responsible for those deaths?
Jackson LaRose: Who would be responsible for those deaths?
Jackson LaRose: DD5:Any business transaction requires two parties. The court would recognize whatever terms were mutually agreed upon in the contract. How far do you carry this though? If I buy some Campbell's soup, am I implicitly legitimizing the corporate entity?
I would certainly think so. Unless Cambell's soup is engaged in some deliberate tactics to deceive you or defraud you.
nirgrahamUK:we will probably never find out given the shoddy legal systems. sad isn't it?
Say it was under an ancap arbitration company.
what are the facts of the case?
DD5:I would certainly think so. Unless Cambell's soup is engaged in some deliberate tactics to deceive you or defraud you.
What if shoddy canning practices produced soup with botulism, which they sold without knowing it was poison. Would this be considered intentional malice?
Jackson LaRose: DD5:I would certainly think so. Unless Cambell's soup is engaged in some deliberate tactics to deceive you or defraud you. What if shoddy canning practices produced soup with botulism, which they sold without knowing it was poison. Would this be considered intentional malice?
If the answer was known ahead of time, we wouldn't need courts, now would we?
The questions you raise are not unique to a private law society, but to any law society.